Digital Estate

08/20/2018

“People are storing important documents, such as wills and medical directives, online. While convenient, there are a few things to keep in mind before you open another online account, experts say.”

There are some clear benefits to storing your will and documents online. You and your spouse (or other authorized people) can access them anytime from anywhere. We are used to putting our lives online. However, there are also some downsides to consider before doing so, according to a helpful article from CNBC titled “Here’s what you need to know before storing your will online.”

It’s good to have all your important documents in one place. Make sure that the people who will need access, such as executors, know that you’ve done so or the cloud storage may well be pointless.

Online storage can also facilitate family conversations about estate planning. Even tech savvy adult children who scoff at parents who don’t engage in social media, will be impressed by a decision to go digital.

However, there are pitfalls.

The Revised Uniform Fiduciary Access to Digital Assets Act allows those who are appointed as fiduciaries to access some digital assets in the 45 states including Florida (and D.C.) where the law is in place, according to the Uniform Law Commission. ULC is a state-supported organization that brings uniform laws to different jurisdictions.

However, unless you give full access to your digital accounts to your attorney or executors, they will not have the right to open these accounts. They might be able to go online to bank accounts but not to your social media accounts or any portals containing important documents.

You need to give an executor access. That means more than your password, log in information and answers to security questions. They will also need a legal document granting them access to the accounts.

Check with your estate planning attorney to learn your state’s requirements. Whether or not your estate planning documents are in the cloud, you probably have digital assets. Make sure your will is updated.

01/19/2017

The latest movie in the Star Wars franchise has sparked a trend in Hollywood, as actors are seeking to define how their images can be used posthumously.

The Star Wars movie franchise has been going strong for nearly four decades. Some of the characters in the first movie are being reused in the newest films. That did not present any problems in the 2015 release The Force Awakens, since it is set many years after the original movie. Consequently, the same actors could reprise their original roles.

However, the 2016 release Rogue One is set just before the original Star Wars movie and has some of the same characters.

Peter Cushing who played one of those characters in the original film, passed away decades ago. Carrie Fisher played another returning character. Although she has since passed away, she was alive at the time of filming.

The movie producers did not recast the roles, but instead used CGI effects to make it look like the original actors were playing the roles. There is speculation that the next Star Wars film to be released will also use Fisher's digital image, now that she has passed away.

Hollywood stars are changing their estate plans to give instructions about how their likenesses can be used posthumously, if at all. For example, some are leaving instructions that their images cannot be shown using alcohol or drugs.

Under California law, celebrity estates have the right to control the likenesses posthumously, but there are no default protections about how the images can be used. It is up to the estates, unless an estate plan instructs otherwise.

01/06/2015

Wills can tell a lot about what people value. Looking through old wills can show how values might have changed over the years. The UK has recently aided that effort by making its archived wills available electronically dating back to 1858.

We often hear about the estates of recently deceased celebrities. Anyone can read the newspaper or search Google to find out the details of Michael Jackson's estate. However, the estates of historic famous people are more difficult to find. It often requires going to the library and pouring over history books.

The database includes many famous names, such as Winston Churchill and Charles Dickens. This is an interesting project and well worth a look for anyone who is interested in the lives and deaths of historic figures.

Closer to home, in the United States, something like this would need to be done on the state level.

One important message for modern estate planning is that wills are public.

When filed with a probate court, wills become available for the public to access. While it is not as easy to access wills in the United States as it is in the United Kingdom, it can still be done.

01/05/2015

Sarah Long was found dead in her home last July. While police are still investigating the circumstances of her death, the battle over her estate is heating up.

Sarah Long was reported missing last July and found dead in her home of gunshot wounds. Initially, her death was ruled to be a suicide. However, inconsistent evidence at the scene later caused police to open up a homicide investigation. The police still do not know what happened to Ms. Long.

Long had previously made a will that left everything to her boyfriend. She also had an estranged husband and, under South Carolina law, the husband should be entitled to 15% of her estate regardless of what her will states. (In Florida, the amount would be 30%.)

The husband and the boyfriend have been fighting over the estate in probate court. To make interesting matters more interesting, Long's family has also intervened.

There are allegations that Long made the will giving everything to her boyfriend under duress and that her husband abused her.

The latest development? The boyfriend and the husband have reached an agreement to which Long's family objects. If it turns out that Long was murdered, then the identity of the killer may also play a role in who gets the estate.

Hoskins' will is somewhat refreshing. Recent celebrity estate cases have often been fairly messy with serious estate planning mistakes. Hoskins, however, did what many ordinary people choose to do, he left everything to his spouse.

If a mistake was made here, it is that we know what Hoskins chose to do with his estate. By using a will, the details of his estate were made public. If he had used a trust, it is more likely that his estate and his wife's privacy would have remained free from public scrutiny.

That is something that everyone should keep in mind. Wills are made public. If you do not want everyone knowing the details of your estate, then you need something besides a will.

01/01/2015

For many people, dogs are more than just best friends. They are a valued member of the family. However, pets, unlike other family members, are legally property. This raises the question whether you can direct that your pets be put to sleep after you pass away.

An Indiana woman named Connie Ley passed away in November. In her will, she made provisions for her pet German shepherd. The first provision was fairly standard. Ley directed that one of her friends should look after the dog. However, Ley also went on to direct that the dog should be put to sleep, cremated and that its ashes should be buried with Ley.

In this particular case, the dog is currently in a shelter waiting for a court to determine whether Ley's wishes will be followed.

This is not the first time that the issue has come up. In some other cases courts have decided to put pets down as directed in the wills of the owners. The reason for this is that as much as we often think of our pets as part of the family, the law treats them as personal property.

Animal cruelty laws aside, we are free to do with our pets as we please, including directing what should happen to them after we pass away.

The lesson here? If you want to determine what will happen to your pets after you pass away, then you should make that a part of your will. I would be happy to assist in crafting a plan that is fair to you and your furry friends.